POPULAR LINKS

Other Legal Services

Our associated teams of legal experts provide a best-in-class service in conveyancing, family law matters and wealth protection.

03700 86 86 86

0333 130 2752

Message our experts

We promise that someone will get back to you to talk through your situation and explain how we can help. You can expect to hear back from us within two working hours and certainly no later than 10 am on the next working day.

Sorry, there are a few problems with the information you have entered.
Please correct these before continuing.

Thank You

Medical Negligence

Cerebral palsy is the general term for a number of neurological conditions that affect movement and co-ordination. It is a non-progressive disorder affecting movement and can vary from mild to very severe, with or without intellectual impairment. It can manifest in different types (spastic quadriplegia, athetoid, etc.) depending on which parts of the brain are affected. Cerebral Palsy can be caused by abnormal development of, or damage to the brain.

It depends entirely on the specific circumstances of the case. If the matter relates to a child, then depending upon the age of the child, it may take a number of years as the child will have to have reached a certain stage in their development before their future needs and likely prognosis can be accurately assessed by medical experts. We need to determine what future requirements the child may have so that we can properly investigate and value the claim.

Other factors which can influence a timescale for settlement can include when in the proceedings (if at all) liability is admitted by the other side.

We will however keep you updated throughout the claim so that you will know when each specific stage has been reached.

If your claim is successful then this will depend entirely on the specific circumstances of your case. Factors which can affect the value of your claim and potential award of compensation include the severity of the injury and what impact it has had/will have on your life in the short and long term.

Your case will be allocated to an appropriately experienced member of our team who will deal with your claim on a day to day basis. They will be your main point of contact. You will be provided with their contact details and the contact details of any other members of the team who may assist on the claim from time to time. There should always be someone available to talk to you in relation to your claim.

We will ask you to provide us with a detailed account of what happened, so that we can prepare a witness statement on your behalf. Following this we will need to obtain copies of your medical notes and records. We also recommend that you keep a diary of events recording for example any health problems that you have had and any care that you receive. This will need to be updated regularly throughout the case, as and when necessary.

You should also keep receipts for things such as travel to and from medical appointments, the purchase of medical equipment and payment for medications, including paid-for prescriptions. It is possible to include these costs as part of your claim and as the onus is on you to prove your case and any losses you have suffered it is always helpful if we have documentary evidence to support each specific elements of the claim.

The simple answer is no. Whilst on the face of it the circumstances of the case may look similar, the treatment received by the patient and the impact on a patient’s life of having that treatment or not having that treatment may differ because of the patient’s age, medical history and condition, their employment and life circumstances.

It is unusual for a doctor to have to pay the compensation out of his/her own money. If the treatment was received at an NHS hospitals the doctor and medical staff are covered by a system known as Crown Indemnity, where the NHS pools money to meet clinical negligence claims. In the private sector medical practitioners will usually carry membership of a defence organisation and/or insurance which indemnifies that doctor in the event of a claim.

No. There are recognised and respected senior medical practitioners in most branches of medicine who are prepared to give forthright unbiased opinions on cases where something seems to have gone wrong. We use these experienced medico-legal experts to provide us with expert reports in relation to such claims.

There are always two sides to any argument. In the UK we have a fault based compensation system in which the person bringing the claim has to prove their case. If the person bringing the claim (i.e. the Claimant) cannot prove negligence and that injury and loss has resulted from that negligence then the claim will not succeed. We understand that the injury suffered does not however diminish in severity just because substandard care cannot be proved and we also recognise that the needs of the injured person do not go just go away simply because a claim for negligence cannot be established.

Just because compensation may not be awarded to every person who has suffered an adverse outcome following medical treatment this does not mean that those who have been injured as a result of substandard care should feel awkward or embarrassed in seeking compensation for their own injuries. In some cases the individual may have suffered an injury preventing them from being able to return to work or resulting in the need for care. In such circumstances bringing a claim is necessary to ensure that they have sufficient funds to pay for the care they need or to financially independent.

Witness Statements from the claimant, friends and family members or other witnesses who can speak first-hand about what happened and what losses have been suffered.

Medical and other records relating to the claimant and the treatment in question.

Expert evidence form one or more independent doctor who can comment on the standard of the care received, the impact of that care in terms of what injuries and losses have occurred and how that will affect the claimant’s life.

We have a dedicated team of experienced clinical negligence specialists who have dealt with the whole range of clinical negligence claims. Every set of facts is different and more than one specialist discipline can be involved in a single medical negligence case. We believe that a broad range of experience is needed across several healthcare specialties to develop a well-rounded and experienced clinical negligence lawyer. Our experience includes cases involving:

Neither. We carefully assess the prospects of success of every enquiry we receive based on its own specific facts. We take on those cases in which we believe we will be able to make a difference. We decline those where we do not think we can help achieve a positive outcome. We explain why we do so. No good is served to anyone by building up false hopes and expectations and pursuing a claim if that claim does not enjoy reasonable prospects of success.

We do not only take on the largest cases. People who have suffered injuries caused by one set of professionals (e.g. doctors) are often wary of trusting another professional – this time a lawyer – for fear of being let down again. We recognise that individuals who have been the subject of medical negligence often (and understandably) feel highly traumatised and deserve special care. We judge all cases on their own merit.

In essence, this term describes a situation whereby a member of the medical (or dental profession) has provided medical treatment and/or care that by the objective standards of that profession and the law is considered to be substandard and which has resulted in an injury to the patient.

If you are unsure whether your claim falls into this category, call us today and our qualified staff will advise you.

They result in an internal investigation being carried out by the hospital and can provide an account of what treatment was given and why it was given. If failures are identified in the care provided it can result in an apology being given and result in disciplinary action being taking against the healthcare professional concerned and steps taken by the hospital to implement changes to work practices and procedures.

It is not possible to give an exact answer as it will depend on a number of claim specific factors, such as at what stage in the proceedings (if at all) liability is admitted by the other side.

We will however keep you updated throughout the claim so you know when each specific stage of the claim has been reached and give you updated advice with regard to likely timescales for the resolution of the claim.

If your claim is successful it will depend entirely on the circumstances of your case. Factors which can affect the amount of compensation that you may obtain include the severity of the injury and what impact it has had and continues to have on your life.

before the Event Insurance (BTE) – this is sometimes known as legal expenses insurance cover, which can be attached to your existing insurance policies such as household contents, car or credit card insurance.

public funding – this was previously known as legal aid. The availability of public funding is now restricted to a very limited number of claims.

Within reason, yes. It is ultimately your claim, and if at any stage you instruct us to seek settlement on the best terms available, then we are required to follow your reasonable instructions. However, our job is to give you our 'best advice' based on our experience at all times, and if we feel that by settling at a certain stage you risk receiving a lower sum than you might otherwise be entitled to, we will advise you accordingly, but ultimately the final decision is always yours.

No. All parties to a claim are expected by the Court to co-operate with each other wherever possible to ensure that unnecessarily protracted litigation is avoided. If it is possible to settle your claim without the need to issue Court proceedings then we will always try to do so, but in some cases the issue of Court proceedings is necessary.

To a degree. There will be many occasions during the lifetime of a claim where we require information, documentation and instructions from you. You may be required to complete authorities which allow us to obtain copies of your medical records, employment records etc., and you will most likely be required to attend medical examinations. By ensuring there are no unnecessary delays when responding to our requests, and ensuring all appointments are kept, you can help to assist with the progress of your claim.

This depends entirely on the nature and extent of the injuries and financial losses that you've suffered as a result of the negligence. If the matter results in a Trial then the amount of compensation will ultimately be decided by the Court.

This will depend on how your claim is funded and what work will need to be undertaken to win your case. We will discuss this with you when we have identified the most suitable funding arrangement for your case.

If your claim is funded by a no win no fee arrangement, provided that you have complied with the terms of that arrangement the claim should cost you nothing to pursue if your claim is unsuccessful. However, if your claim is successful then the other side will be ordered to pay your reasonable legal costs. You should note however that although you can recover the majority of your legal costs from the other side if the case is successful, legal costs and expenses that cannot be recovered from your opponent will need to be paid out of your compensation award. We aim to keep this sum as low as possible to minimise any deductions from your compensation.

before the Event Insurance (BTE) – this is sometimes known as legal expenses insurance cover, which can be attached to your existing insurance policies such as household contents, car or credit card insurance.

public funding – this was previously known as legal aid. The availability of public funding is now restricted to a very limited number of claims.

If your case is successful, then the payment of your compensation is usually made in a lump sum at the end of your case. If your opponent admits liability (i.e. fault) during the claim, and investigations are still ongoing to value your claim; and for example you need further medical treatment, then you may receive an interim payment on account of your compensation to fund those treatment costs. Although you can recover the majority of your legal costs from the other side if the case is successful, legal costs and expenses that cannot be recovered from your opponent will need to be paid out of your compensation award. We aim to keep this sum as low as possible to minimise any deductions from your compensation.

Again, this depends on a number of factors including the complexity of the claim and the approach adopted by the defendant. Depending on the complexity of the case, fully contested claims can take in the region of between two to five years to get to Trial.

This can vary depending on the type of case, your age and when you should have become aware of a claim. We will provide you with some initial advice on your time limit for bringing a claim at the outset of your case, and this will be reviewed as we gather the evidence. Complying with certain time limits is very important because if you don’t then you could potentially lose your right to claim. There are four general scenarios you should be aware of:

You have 3 years from the date of the incident, or from the date you first became aware that the incident caused your subsequent injuries, to issue proceedings at court to pursue a claim for clinical negligence.

If the person who suffered the injury is under the age of 18, then he/she has up until three years from the date of their 18th birthday to pursue a claim i.e. the limitation period will expire on their 21st birthday.

If the person who suffered an injury has died, you have three years from the date of death to pursue a claim, provided that the injury occurred within 3 years of the date of the death.

If the person is deemed to lack capacity by virtue of the injuries that they have suffered as a result of the alleged negligence then limitation time limits may not apply.

Generally speaking, the person who has been affected by the treatment is usually the person who complains. If you are not complaining about your own treatment, but for example treatment provided to a family member, then you can do so with the consent of the person who has been affected by the alleged negligence.

You can receive help with a complaint from The Patient Advice and Liaison Service (PALS), the Independent Complaints Advocacy Service (ICAS), the Citizens Advice Bureau (CAB), and NHS Direct. In appropriate circumstances then Access Legal can help you with a complaint.

This is a personal choice and we suggest that in the first instance you discuss this step with your doctor. There is no legal reason why you should or should not change doctor or hospital. You may care to weigh in the balance:

ease of access to the local surgery/hospital

whether you need to be attending a specialist regional centre for a particular condition

how comfortable you feel putting your trust in the individual who you think made a mistake

where and who you might have to turn to for help in an emergency out of hours

how the doctor responded to your needs after the mistake came to light

No. You remain entitled to NHS care after something has gone wrong with your treatment. Sometimes accidents happen and most medical professionals will appreciate this and see that you still have ongoing healthcare needs – perhaps even increased needs due to the medical negligence. In some cases it may be suggested that your care is transferred to a different doctor within the same hospital.

You'll need to be appointed as Deputy for your wife. This is done by applying to the Court of Protection. You'll receive a Deputyship Order from the Court, which you can then present to the bank to access the accounts.

Typically they include: budgeting to ensure there's enough money for the client's future, preserving access to any state benefits, investing compensation money, keeping accounts and dealing with tax, paying bills, finding/converting suitable accommodation, liaising with support workers/case managers, support and advice to the client and the family, reporting to the Office of the Public Guardian.

This depends primarily on the complexity of the claim and the approach adopted by the defendant. Depending on the complexity of the case, fully contested claims can take in the region of between two to five years to get to Trial.

This will depend on how your claim is funded and what work will need to be undertaken to win your case. We will discuss this with you when we have identified the most suitable funding arrangement for your case.

If your claim is funded by a no win no fee arrangement, provided that you have complied with the terms of that arrangement the claim should cost you nothing to pursue if your claim is unsuccessful. However, if your claim is successful then the other side will be ordered to pay your reasonable legal costs. You should note however that although you can recover the majority of your legal costs from the other side if the case is successful, legal costs and expenses that cannot be recovered from your opponent will need to be paid out of your compensation award. We aim to keep this sum as low as possible to minimise any deductions from your compensation.

To bring a claim on behalf of someone was has passed away and who has left a will the claim will need to be brought by the Executor appointed under the will. If the person has died without leaving a will to bring a claim for that person you will need to be appointed as the Administrator of their Estate.

As outlined above, we can assist with this by setting up a Special Needs Trust which will protect some if not all of the monies received as a result of your claim. We will advise you of this during your claim.

No. If a baby is injured at or before birth and it is someone else's fault, the child has a claim for that injury. In a wrongful birth case the mother makes the claim on the basis that but for the negligence the child would never have been born at all.